The Senior Planning Officer presented the report of the Director of Regeneration and Planning in relation to the above application for consideration.

Lead Petitioner Martha McInerney addressed the committee.

Ward Councillor Jenny Johnson addressed the committee.

Ward Councillor Simon Mountney addressed the committee.

Applicant’s Agent Paul Nellist from Asteer Planning addressed the committee.

The Chair moved a motion for refusal which was seconded by Councillor Kathy Hodson.

The motion was put and lost (5:6) (1 abstention).

On a motion by Councillor Steve Foulkes and seconded by Councillor Brian Kenny, it was –

Resolved (7:5) – that the application be approved subject to the following conditions:

1. The development hereby permitted shall begin not later than 3 years from the date of this decision.

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the approved plans listed as

follows:

PLAN 01 Revision B (Proposed Site Plan) received 31.10.2022

and the following plans received by the Local Planning Authority on 05 August 2022:

PLAN 02 (Proposed Ground and First Floor Plan)

PLAN 03 (Proposed Second Floor and Roof Plans)

PLAN 04 (Proposed Front and North Side Elevations)

PLAN 05 (Proposed Rear and South Side Elevations)

PLAN 06 (Proposed Bin and Cycle Stores Plans and Elevations)

PLAN 07 (Existing and Proposed Street Scene Elevations)

Reason: For the avoidance of doubt and to define the permission.

3. The external surfaces of the development hereby permitted shall be constructed in the materials shown on

drawings numbered PLAN 04 (Proposed Front and North Side Elevations) and PLAN 05 (Proposed Rear and South Side Elevations).

Reason: To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of the area having regards to Wirral Unitary Development Plan Policy HS4.

4. NO DEVELOPMENT SHALL COMMENCE until a Demolition and Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. For each phase of development, the CEMP shall demonstrate the following and, once approved, development shall be carried out in accordance with the approved plan.

(A) Highways

A.1 - Location(s) for the parking of vehicles of site operatives and visitors,

A.2 - Location(s) for the loading and unloading of plant and materials

A.3 - Location(s) for the storage of plant and materials used in the demolition and construction of the development

A.4 – The erection of security hoardings (including decorative displays and facilities for public viewing where appropriate), and

A.5 - Measures to prevent the deposit of mud/grit/dirt on the public highway, with wheel washing facilities where appropriate.

(B) Residential Amenity

B.1 - Control, monitoring and mitigation of emissions of noise, dust and sub-surface vibration.

B.2 - Hours of demolition and construction activity, and deliveries to and dispatches from the site not to exceed 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturday. For the avoidance of doubt no activity, deliveries or dispatches shall take place on Sunday or Public Holidays.

(C) Waste Management

C.1 - The anticipated nature and volumes of waste that the demolition and construction phases of development will generate,

C.2 - The steps to be taken, where appropriate, to ensure that the maximum amount of waste arising from the development is incorporated into the new development,

C.3 - The steps to be taken to ensure effective segregation of waste at source including as appropriate, the provision of waste sorting, storage, recovery and recycling facilities, and

C.4 - Any other steps to be taken to manage the waste that cannot be incorporated into the new development.

(D) Invasive Species Removal

A method statement prepared by a competent person including the following information:

D.1 - A plan showing the extent of the plants,

D.2 - The method(s) that will be used to prevent the plants spreading further, including demarcation,

D.3 - The method(s) of control that will be used, including details of post-control monitoring, and

D.4 - How the plants will be disposed of after treatment/removal.

Reason: In the interests of highway and environmental safety, the amenity of highway users and neighbouring occupiers, and to ensure that demolition and construction of the development achieves efficient use of resources in accordance with policy WM8 of the Merseyside and Halton Joint Waste Local Plan.

5. NO DEVELOPMENT SHALL COMMENCE UNTIL details of a sustainable surface water drainage scheme and a foul water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. The drainage schemes shall include:

(i)  An investigation of the hierarchy of drainage options in the National Planning Practice Guidance (or any subsequent amendment thereof). This investigation shall include evidence of an assessment of ground conditions and the potential for infiltration of surface water in accordance with BRE365;

(ii)  A restricted rate of discharge of surface water agreed with the local planning authority (if it is agreed that infiltration is discounted by the investigations);

(iii)  Levels of the proposed drainage systems including proposed ground and finished floor levels in AOD;

(iv)  Incorporate mitigation measures to manage the risk of sewer surcharge where applicable; and

(v)  Foul and surface water shall drain on separate systems.

The approved schemes shall also be in accordance with the Non-Statutory Technical Standards for Sustainable Drainage Systems (March 2015) or any subsequent replacement national standards.

Thereafter, the drainage schemes shall be completed in accordance with the approved details prior to first occupation of the development and retained for the lifetime of the development.

Reason: To promote sustainable development, secure proper drainage and to manage the risk of flooding and pollution.

6. No plant or materials shall be brought onto site until Root Protection Area fencing has been installed in accordance with the submitted tree protection plan and specification. (Drawing number 22/AIA/WIRR/99 03) within the Arboricultural Impact Assessment and Method Statement by Tree Solutions Ltd, Revision A,

dated November 2022.

Thereafter:

i)  Development shall be carried out in accordance with the approved details and the fencing shall be retained until development subject to this consent is completed. There shall be no excavation or other alteration of ground levels, storage of materials or plant, parking of vehicles, deposit of soil or rubble, lighting of fires or disposal of liquids within any area fenced off as part of the tree protection plan and specification.

Reason: In the interests of the health and amenity value of trees and to accord with saved policy GR7 of the Wirral Unitary Development Plan.

7. No development other than demolition and vegetation removal shall take place until detailed construction plans setting out finished internal floor levels and external ground levels, and eaves and ridge heights, relative to existing levels and those of neighbouring properties have been submitted to and approved in writing by the Local Planning Authority. Thereafter development shall be carried out as approved.

Reason - To ensure the finished levels at construction accord with the levels approved at planning stage in the interests of maintaining the character of the area and residential amenity in accordance with the objectives of saved policy HS4 of the Wirral Unitary Development Plan.

8. No development above ground floor slab level shall take place until a detailed scheme for landscaping has been submitted to and approved in writing by the Local Planning Authority. The scheme shall comprise of a plan and specification and demonstrate:

i)  The materials to be used for hard and soft surfacing;

ii)  Compensatory tree and hedge planting across the site (including a minimum of eight trees and, where practical, the retention and infilling of the existing hedge to the Caldy Road frontage) to replace those specimens removed as part of the development to include the location, number, species and size of trees to be planted and a method statement to secure the sustainable planting of trees.

iii)  Detailed planting plan and specification for soft landscaping of land forward of the principal elevation of the building;

iv)  The location and design of fences, gates, walls, railings or other means of enclosure; and

v)  The timing of implementation of the scheme.

Thereafter development shall be carried out as approved.

Reason: In the interests of visual amenity and to accord with saved policy GR5 of the Wirral Unitary Development Plan.

9. If, within a period of five years from the date of planting of any tree under the landscaping scheme approved under condition 8, that tree or any tree planted in replacement for it, is removed, uprooted, destroyed or dies or becomes in the opinion of the Local Planning Authority seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted in the same place unless the Local Planning Authority agrees to any variation.

Reason: In the interests of visual amenity and to accord with saved policy GR5 of the Wirral Unitary Development Plan.

10. No demolition or vegetation removal shall take place within the main bird nesting season (March to September inclusive) until a pre-commencement check is carried out by a qualified ecologist no earlier than 48 hours before works take place and the qualified ecologist confirms in writing to the Local Planning Authority no later than 48 hours after the check has taken place, that no actively nesting birds will be affected by the works.

Reason: In order to avoid harm to protected species in accordance with saved policy NC7 of the Wirral Unitary Development Plan and paragraph 175 of the National Planning Policy Framework

11. The construction of the development hereby approved shall be carried out in accordance with the following reasonable avoidance measures for terrestrial mammals:

i)  All trenches and excavations should have a means of escape (e.g. a ramp);

ii)  Any exposed open pipe systems should be capped to prevent mammals gaining access; and

iii)  Raised storage of materials on pallets to ensure that mammals do not use material stockpiles for shelter.

Reason: To avoid harm to protected species in accordance with the objectives of saved policy NC7 of the Wirral Unitary Development Plan.

12. The development hereby permitted shall not be occupied until details of bird boxes to include number, type and location on an appropriately scaled plan as well as timing of installation, has been submitted to and approved in writing by the Local Planning Authority.

Thereafter the bird boxes shall be installed as approved and subsequently retained.

Reason: To provide suitable mitigation for the loss of breeding bird habitat in accordance with saved policy NC7 of the Wirral Unitary Development Plan and paragraph 180 of the National Planning Policy Framework.

13. Prior to first occupation of the development hereby approved, the cycle storage and refuse storage structures as shown on approved drawings PLAN 01 Revision B (Proposed Site Plan) and PLAN 06 (Refuse and Cycle Stores Plans and Elevations) shall be constructed in accordance with the approved plans, made available for use, and there after retained.

Reason: To ensure satisfactory provision is made for the storage of refuse and cycles in the interests of amenity and to accord with the objectives of saved policies HS4 and TR12 of the Wirral Unitary Development Plan.

14. The areas shown on approved drawing PLAN 01 REVISION B (Proposed Site Plan) for vehicular access, turning and parking shall be constructed, marked out, and made available for use prior to first occupation of the development hereby approved. Thereafter the vehicular access, turning and parking areas shall be retained for their intended purpose.

Reason - To ensure satisfactory off-street accommodation for vehicles is provided for and maintained, in the interests of highway safety and amenity and to accord with the objectives of saved policies HS4 and TR9 of the Wirral Unitary Development Plan.

15. Prior to first occupation of the development hereby approved, a sustainable drainage management and maintenance plan for the lifetime of the development shall be submitted to and agreed in writing by the Local Planning Authority. The sustainable drainage management and maintenance plan shall include as a minimum:

1. Arrangements for adoption by an appropriate public body or statutory undertaker, or management and maintenance by a residents management company; and
2. Arrangements for inspection and ongoing maintenance of all elements of the sustainable drainage system to secure the operation of the surface water drainage scheme throughout its lifetime.

The development shall subsequently be completed, maintained and managed in accordance with the approved plan.

Reason: To ensure that management arrangements are in place for the sustainable drainage system in order to manage the risk of flooding and pollution during the lifetime of the development.

16. Prior to the installation of any external lighting, details of the type, location and luminance of the lighting to be installed shall be submitted to and approved by the Local Planning Authority. Thereafter the lighting shall be installed as approved. When designing the lighting scheme the designer should have regard to the Institute of Lighting Professionals and Bat Conservation Trust Guidance Note 08/18 'Bats and Artificial Lighting in the UK.'

Reason - To avoid significant harm to protected species in accordance with saved policy NC7 of the Wirral Unitary Development Plan.

17. The development hereby permitted shall not be occupied until the windows identified on the approved floor plan and elevation drawings to be fitted with glazing obscured to at least Pilkington level 3, have been so fitted. Thereafter the obscured glazing shall be retained.

Reason: To prevent harmful overlooking in the interests of protecting the privacy and amenity of neighbouring residents.

NOTES TO APPLICANT:

1. Merseyside Fire and Rescue Service advise the following:

i)  Access for fire appliances should comply with the requirements of Approved Document B5 of the Building Regulations.

ii)  Water supplies for firefighting purposes should be risk assessed in accordance with the undermentioned housing guidance in liaison with the water undertakers (United Utilities - 0161 907 7351) with suitable and sufficient fire hydrants supplied, and

iii)  The premises should comply with Section 55 of the County of Merseyside Act 1980.

Housing

Housing developments with units of detached or semidetached houses of not more than two floors should have a water supply capable of delivering a minimum of eight litres per second through any single hydrant. Multi occupied housing developments with units of more than two floors should have a water supply capable of delivering a minimum of 20 to 35 litres per second through any single hydrant on the development.

2. The applicant, their advisers and contractors should be made aware that if any roosting bats are found, then as a legal requirement, work must cease, and advice must be sought from a licensed specialist.

3. Consent under the Highways Act is required for the construction of a new vehicle access or the amendment/removal of an existing vehicular access. Proposed vehicle access to be constructed in accordance with LPA commercial concrete crossing specifications. Such works are undertaken at the developer's expense, including the relocation/replacement and/or removal of street furniture and vegetation as necessary. Submission of a S50 Highway Opening Notice is required prior to commencement of any works on the adopted highway. Please contact the Council Highway Management team area manager via www.wirral.gov.uk prior to the commencement of the works for the approval of the proposed details.